NHS Never Events Claims
Medical Negligence Solicitors in Oldham, helping clients across the North West
NHS Never Events Claims Solicitors
NHS Never Events are serious patient safety incidents that, by their very definition, should never happen. When they do, patients can be left facing additional surgery, prolonged recovery, permanent injury, or, in the most serious cases, families are left grieving an avoidable death. Where a Never Event has caused you or a loved one avoidable harm, our specialist medical negligence team can help you to secure the compensation that you deserve.
If you or a loved one has suffered avoidable harm as a result of an NHS Never Event, our experienced medical negligence team can help. To discuss your NHS Never Event claim with a specialist medical negligence solicitor, please either telephone us on 01457 761 320 or email
kenneth.lees@odonnellsolicitors.co.uk, and a member of the team will contact you for a free, no-obligation consultation.
Understanding NHS Never Events
NHS England defines Never Events as ‘serious, largely preventable patient safety incidents that should not occur if healthcare providers have implemented existing national guidance or safety recommendations’. They are considered to be different from other patient safety incidents because a single Never Event is a red flag that the healthcare provider does not have robust systems in place for implementing existing safety advice and alerts.
The NHS has produced a defined list of Never Events, which includes:
- Wrong site surgery.
- Wrong implant or prosthesis.
- Retained foreign object post-procedure.
- Mis-selection of a strong potassium solution.
- Administration of medication by the wrong route.
- Overdose of insulin due to abbreviations or an incorrect device.
- Overdose of methotrexate for non-cancer treatment.
- Mis-selection of high-strength midazolam during conscious sedation.
- Failure to install functional collapsible shower or curtain rails.
- Falls from poorly restricted windows.
- Chest or neck entrapment in bed rails.
- Transfusion or transplantation of ABO-incompatible blood components or organs.
- Misplaced naso-gastric or oro-gastric tubes.
- Scalding of patients.
- Unintentional connection of a patient requiring oxygen to an airflow meter.
The NHS monitors and reports on the number and frequency of Never Events on an ongoing basis, and the most commonly reported categories are typically wrong site surgery, retained foreign objects following a procedure, and wrong implant or prosthesis.
Are NHS Never Events Automatically Considered Negligence?
The NHS classifies a Never Event as a patient safety incident, not automatically as legal negligence, so the two categories are not the same. That said, in the vast majority of cases the underlying facts of a Never Event will support a medical negligence claim, because the failure to implement established national safety guidance almost always represents a breach of the healthcare provider’s duty of care.
To succeed in a claim, it still needs to be shown that the Never Event caused or materially contributed to injury and loss. Where the Never Event was identified and corrected quickly with no lasting harm, a claim may not be viable, but where the patient has suffered further surgery, prolonged recovery, permanent injury, or death as a result, a claim is very likely to succeed.
Types of NHS Never Event Claims We Can Help With
The specialist medical negligence team at O’Donnell Solicitors has extensive experience working with clients to identify the extent of the avoidable injury and loss caused by a Never Event, and to secure appropriate compensation for the additional pain, suffering, and losses that follow.
Whilst the majority of Never Events are identified and rectified relatively quickly, patients may still endure a prolonged period of pain, suffering, and loss of amenity. For example, a patient who has had to undergo an x-ray to locate a retained swab, and then a second anaesthetic and reopening of the surgical site to remove it, will have suffered avoidable harm that entitles them to compensation.
We regularly advise on NHS Never Event claims arising from surgical, medication, and hospital safety failings, including:
- Wrong site surgery, including operations on the wrong limb, joint, or organ.
- Wrong implant or prosthesis fitted during surgery.
- Retained surgical instruments, swabs, or other foreign objects following a procedure.
- Medication errors involving high-strength potassium, insulin, methotrexate, or midazolam.
- Administration of medication by the wrong route.
- ABO-incompatible blood transfusions or organ transplants.
- Misplaced nasogastric or oro-gastric tubes causing pulmonary complications.
- Falls from unrestricted windows in hospital settings.
- Scalding of patients during bathing or in the ward environment.
- Chest or neck entrapment in bed rails.
- Unintentional connection of a patient requiring oxygen to an airflow meter.
- Fatal claims and inquests arising from a Never Event.
Read our recent guide for more information, ‘NHS Never Events: When Preventable Medical Errors Happen’
For more information on how a medical negligence claim works, including time limits, funding and compensation, please see our main Medical Negligence page.
Why Choose O’Donnell Solicitors for Your Never Event Claim
O’Donnell Solicitors’ Medical Negligence Department is headed by Kenneth Lees and supported by a team with over a decade of combined experience in clinical negligence litigation. We offer a free, no-obligation initial consultation, and the vast majority of claims can be funded by way of a no-win, no-fee agreement. As a regional firm acting for clients across the North West, we combine specialist expertise with a personal and accessible service.
Speak with a Medical Negigence Specialist Today
If you would like to discuss your NHS Never Event claim with a specialist medical negligence solicitor, please email Kenneth.Lees@odonnellsolicitors.co.uk or telephone 01457 761 320 and a member of the team will contact you for a free, no obligation discussion.
Case Study: Breach of Duty & Causation
Mr A underwent an operation to reverse a Hartmann’s Procedure. At the end of the operation, his abdomen was closed, and he was transferred to recovery. The operating department practitioner performed a final swab count and noted that a 30cmx30cm swab was missing. Mr A was x-rayed and the swab was located in his abdomen. By this time, he had woken from the anaesthetic. He was informed about the mistake, re-anaesthetised and re-intubated. The surgical site was reopened, the swab was removed, and the abdomen was closed again. Whilst he developed a post-operative infection for which he received antibiotics, no further harm was caused by the retained swab or its removal.
As this was a clear ‘Never Event’ breach of duty and causation were promptly admitted by the hospital and compensation of £7,500 was secured.
Frequently Asked Questions
An NHS Never Event is a serious patient safety incident that the NHS classifies as wholly preventable if existing national safety guidance is properly implemented. The NHS maintains a defined list of Never Events, including wrong site surgery, retained foreign objects post-procedure, and misplaced feeding tubes. Because Never Events are, by definition, avoidable, they are treated by the NHS as red-flag indicators that a healthcare provider lacks robust safety systems.
The most frequently reported Never Events in NHS data are typically wrong-site surgery, where an operation is performed on the wrong limb, joint, or side of the body, and retained foreign objects following a procedure, such as swabs, needles, or surgical instruments left inside the patient. Wrong implant or prosthesis, where the incorrect device is fitted during surgery, is also commonly reported. Together, these categories usually account for the majority of Never Events reported each year.
Not automatically, but in the majority of cases they will meet the legal test. A Never Event is a patient safety classification, whereas negligence is a legal test. Because Never Events are defined as failures to implement established safety guidance, the underlying facts will usually satisfy the legal test that the care fell below the standard of a responsible body of medical opinion. To succeed in a claim, it also needs to be shown that the Never Event caused or materially contributed to injury and loss.
A Never Event claim is brought as a medical negligence claim against the NHS Trust or healthcare provider responsible. The process typically involves an initial free consultation with a specialist medical negligence solicitor, obtaining copies of the relevant medical records, instructing independent medical experts to comment on the standard of care and the injury caused, and setting out the claim in a Letter of Claim to the healthcare provider. The vast majority of claims are resolved through negotiated settlement, though a small number proceed to a court hearing.
Compensation for a Never Event claim varies significantly depending on the extent of the harm and its long-term impact. General damages compensate for pain, suffering, and loss of amenity, including any lasting physical or psychological injury caused by the additional procedures, complications, or permanent damage. Special damages cover past and future losses such as loss of earnings, care and assistance, further treatment costs, aids and equipment, and any adaptations required to the client's home. In serious cases involving permanent injury or death, compensation can be substantial.
NHS England publishes regular statistics on the number and frequency of Never Events across NHS trusts. Recently published data indicate that several hundred Never Events are recorded each year, with wrong-site surgery, retained foreign objects, and wrong implants consistently among the most frequently reported categories. The most up-to-date figures are available from NHS England's Never Events data page.
Yes. An apology from the NHS, whether provided under the statutory Duty of Candour or as part of the healthcare provider's own investigation, does not prevent you from bringing a medical negligence claim. In fact, an apology or internal investigation report can often be a useful starting point for a claim, as it may already acknowledge that something went wrong. It is important to remember that an apology under the Duty of Candour is a statutory obligation on the NHS and is not a substitute for the compensation that you may be entitled to.